Issue 27
February 2012
NCSL: The Canvass
NCSL: The Canvass
can•vass (n.)
Compilation of election
returns and validation
of the outcome that forms
the basis of the
official results by a political subdivision.
—U.S. Election Assistance Commission:
Glossary of Key Election
Terminology
To subscribe to
The Canvass, please
email a request to
[email protected]
Inside this issue:
Getting on the Ballot: What It Takes
Ballot access—getting candidates onto the ballot--is a sleepy issue, generally. But not this
year, thanks to two news items. First, only Mitt
Romney and Ron Paul were able to get their
names onto the Republican primary ballot in
Virginia, a shock to the Rick Perry and Newt
Gingrich campaigns.
Second, Americans Elect, a nonpartisan organization that plans to put a presidential candidate
on all 50 state ballots, is generating ballot access
buzz. Its candidate will be selected by an Internet-based nominating event in June, an event in
which any registered voter can participate. (The
Reform Party is also pursuing ballot access
across the nation.)
In terms of ballot access, ―the most interesting
thing we‘ve dealt with is the lack of uniformity‖
from state to state, says Kellen Arno, national
field director for Americans Elect. ―It‘s not that
any single state is difficult; it‘s that if you believe there should be competition on the ballot,
the variety of arbitrary oddities in state law is a
challenge.‖ As of mid-January, Americans Elect
had qualified in 14 states and collected the required petitions for another 16; its campaign to
get on ballots in the remaining 20 states and the
District of Columbia is on schedule.
Getting on the Ballot:
What It Takes
1
Ballot Readability
3
Bookmark This
3
Being Online Is
Still Not Enough
4
One Big Number
4
From the Chair
5
From the Election Administrator
5
Worth Noting
5
But if you are an independent candidate or from
a minor party, ―ballot access‖ is a whole different—and more difficult—kettle of fish.
From NCSL
6
From a historical perspective, it‘s worth noting
For Democratic and Republican candidates it is
generally fairly straightforward to get on a ballot. In most states any party that receives a specified percentage of the vote in an election is automatically granted a spot on the next ballot.
that the U.S. Constitution says not one word about
ballot
access, in part because it puts states in charge of
elections. ―When states had to start taking responsibility for printing ballots in the last part of 19th century and early in the 20th century, they were confronted with the question of who got onto the ballot.
Some states chose to make it very difficult, and others created a more lenient process,‖ says political
scientist Peverill Squire, from the University of
Missouri. ―Over time, generally there‘s been an
effort to make it a little easier to get on the ballot,
but there are still big differences across the states.‖
Some say that democracy is about providing choice,
and that everyone‘s voice should be heard, even
those we think of as coming from ―the fringe.‖ ―We
believe in free competition in this country,‖ says
Richard Winger, the editor of Ballot Access News.
―That should extend to candidate access to the ballot, especially for minor parties and independent
candidates,‖ For regularly scheduled statewide general elections, there has never been a more crowded
ballot than New Jersey's 1993 gubernatorial election
ballot, with 19 candidates on it, reports Winger.
NCSL: The Canvass
November/December
February
2011 2012
Getting on the Ballot: What It Takes
Others say that the state‘s responsibility is running orderly
elections, and ballots with long lists of candidates only confuse voters and make it difficult for elections officials. ―You
can make an argument that without some controls in place,
you run the risk of chaos,‖ says Squire.
Of course, there‘s a political calculation, too; ―it‘s clearly to
the major parties‘ advantage to reduce the possibility for competitors to get on the ballot,‖ says Squire.
No matter where you are on the ―access for all/run an orderly
election‖ continuum, legislators must consider these perennial
ballot access questions:
Filing fees: Are they prohibitive?
Filing dates: Are they appropriate? Do they allow independent candidates and minor parties enough time to petition to get
on the general ballot?
Petition signature requirements: Are they set at a reasonable number for minor party and independent candidates to
gather? Should the requirement be a percentage of the population or a specific number? These tend to be in the range of 0.5
percent to 5.0 percent, or 5,000 to 25,000. Should the signatures represent all geographic areas within the state?
cont‘d from p. 1
(
party petitions in 2010. Legislation was enacted the next year to
meet the court‘s objections by moving the deadline to April and
removing the requirement that petition signers be members of the
new political party. But minor parties claim that the new date is
still too early, and their case is pending before a U.S. District
Court.
From the state‘s perspective, ―it comes down to a time situation
for us,‖ says Mark Goins, the coordinator of elections for Tennessee and a defendant in the case. He says that the state needs
enough time ―to comply with other laws, specifically the federal
MOVE Act. ― He goes on to say that, based on information supplied by Americans Elect, new parties can get on the Tennessee
ballot under the law as it is currently written.
Winger, the advocate for easier ballot access, points out that the
MOVE Act, with its requirement that ballots be transmitted to
overseas voters 45 days before an election, wouldn‘t be an issue
for minor parties in Tennessee if they weren‘t required to hold a
primary. The state is one of eight that requires all parties, including ―recognized minor parties,‖ to hold a primary, says Winger.
Minor party plaintiffs in the 2010 and 2011 cases said they don't
need a state primary and would prefer to select candidates by
convention rather than by primaries.
Signature gatherers: Is it acceptable to bring circulators in
from other states to gather signatures? Is it okay to pay on a
per-signature basis? California‘s Governor Brown vetoed a
bill in 2011 that would have prohibited paying per signature.
Other states enacted ballot access laws in 2011:
Political parties: What percentage of the vote must a party
receive to gain an automatic spot on future ballots? How does
access for independent candidates differ from access for minor parties?
Maine changed its requirement that political parties hold caucuses every two years in
every county to holding them in at least 14 of
the 16 counties. ―Maine has some of the toughest ballot access requirements in the country.
Having really restrictive laws on the books
doesn‘t seem to be in the best interest of the
public,‖ says bill sponsor Representative
Ben Chipman. ―Down the road, we‘ll see
how this new law works, and we can consider it again in the next legislature if we
need to.‖
Fusion: Can two parties nominate the same candidate? This is
called ―fusion‖ voting, and has been permitted in at least Connecticut, Delaware, New York and South Carolina. Delaware
prohibited fusion voting in 2011, however.
As for state action on ballot access, Tennessee is worth watching. A judge struck down the state‘s March deadline for new
California made it easier for members of the military to become candidates.
Are you a legislative staffer who regualry works with elections policy? Would you like to be
included on NCSL‘s roster of legislative election staffers? Over time, we hope to offer networking and professional development opportunities; in the short term, we‘ll put you in touch
with each other, and provide educational materials. To join, send us an email.
Page 2
Representative Ben
Chipman, Maine
NCSL: The Canvass
November/December
February
2011 2012
Getting on the Ballot: What It Takes
Alabama, Arkansas, Nevada and Oklahoma moved
their petition deadlines for new parties to earlier dates.
Ohio‘s 2011 omnibus elections bill moved the petition
deadline for new parties from 120 days prior to the primary
to 90 days, making it easier to get on the ballot. A successful campaign was led by the opponents of the bill to include
a referendum against it on the Nov. 2012 ballot. In the
meantime, a U.S. District Court Judge ordered the secretary
Ballot Readability
cont‘d from p. 2
(
of State to put the Libertarian Party on the ballot in 2011 and
2012, indicating that even 90 days before the primary is too early
for minor parties. The legislature appealed the case to the 6th
Circuit Court.
Although these changes are insignificant to most people, they can
be major to minor party supporters. As for the rest of the nation,
the spotlight will be on ballot access laws in 2012, given Americans Elect‘s promise to get on the ballot, state by state by state.
by Shannon McNamara
Which of the following sentences is easier to read?
“High-quality learning environments are a necessary precondition for facilitation and enhancement of the ongoing learning process.”
OR
“Children need good schools to learn properly.”
If you‘re like most people, you probably preferred the latter
because it‘s clearer, more concise, and written in plain language. (Plain Language is defined as: communication your
audience can understand the first time they read or hear it‖ by
the Plain Language Action and Information Network.) The
second statement is simply more readable.
A recent study highlights the importance of making ballot
questions readable. Ballot Readability and Roll-Off: the Impact of Language Complexity by professors Shauna Reilly of
Northern Kentucky University and Sean Richey of Georgia
State University, explores whether the readability of ballot
questions has an effect on voter participation. The authors
analyzed 1,112 ballot measures from 1997 through 2007.
They measured readability by applying the Flesch–Kincaid
scale, a system that scores a passage of text according to the
grade level of education required for comprehension. The
study found a direct correlation between the grade level of the
ballot question and voter participation: regardless of the
topic, measures written in complex language were voted on
less frequently than those written more clearly . Most popular
reading is written at an eighth-grade level, which studies demonstrate is the best level for the average American. The authors
found, however, that all ballots included in their survey contained
language that exceeded that level of reading proficiency. Well
over half of the propositions analyzed fell into the graduateschool level or
higher on the
Flesch-Kincaid
scale.
Unlike candidate selection,
where partisan
affiliation
serves as a
guidepost for
many voters,
ballot measures
demand that
voters tackle
complex, nuanced issues. The biggest concern for state legislatures is that ―complex ballot language can confuse voters,‖ says
co-author Reilly. And confused voters may end up casting a vote
for the policy they don’t want—or opting out of voting at all, she
warns.
Many state legislators are concerned with the potential problems
Bookmark This
NCSL‘s blog, The Thicket, offers news and insight on all things related to state legislatures. Items are short,
easy- to- read and always accurate. It‘s the go-to place for analysis of party composition in legislatures, federalism, democracy, news from state capitols, and of course, elections.
Page 3
Issue
NCSL:27
The Canvass
Ballot Readability
February 2012
cont‘d from p. 3
(
caused by unclear ballot language. Missouri House
Speaker Pro Tem Shane Schoeller recently introduced the
Missouri Fair Elections Act, which would create a bipartisan legislative commission to address how ballot proposition titles and summaries are written. ―We want the
average voter to be able to plainly understand the issues
on the ballot,‖ he says.
The Usability Professionals‘ Association created the Voting and Usability Project to offer guidance on ‗plain language,‘ not only for ballots but for all elections-related
materials. The U.S. Election Assistance Commission provides polling place and ballot design guidelines and templates that can be used at the state and local level. These
options—plus a healthy dose of common sense—can help
assure that elections accurately reflect the will of citizens.
Editor’s Note: This article’s grade level was rated a 12.1
on the Flesch-Kincaid scale.
Being Online Is Still Not Enough
When voters google ―Virginia polling places,‖ the first result
is the Virginia State Board of Elections, which is exactly
what voters and the state elections board want. But not all
states are so successful at ―search-engine optimization‖—
getting their websites to show up first in a search.
The Pew Center
on the States
studied this and
many other elements of state
elections websites for all 50
states plus the
District of Columbia. Their
analysis, Being
Online Is Still Not Enough: Reviews and Recommendations
for State Election Web Sites 2010, scored states on how well
their websites performed from a voter‘s perspective.
―Voters expect government services to keep pace‖ with the
rest of the world, says Pew Senior Associate Matthew
Morse. Good websites mean ―states can both perform better
and save money.‖
Voter ID, voter registration,
voting technology, early voting, overseas voters ... learn
about these voting and electons topics in NCSL's webinar, "Putting Election Laws
To The Test," February 13, 2
pm ET. This is part
of NCSL's "Top 12 for 2012"
webinar series.
The report identifies what features make a website go from
good to great. These include clear language written at the
eighth grade level; logical and easily navigable menus; great
look-up tools for address-specific information such as polling places; and sections for overseas and military voters.
The study found that the nation is doing well at addressing
the needs of military and overseas voters. Out of 51 jurisdictions—the states plus D.C.—50 have dedicated webpages for
them. Not so good is website navigability, where only nine
received full marks.
Overall, though, ―election websites are generally improving,
and that‘s good news,‖ says Morse.
For more on technology and elections, read the full interview
with Matthew Morse.
One Big Number:
Page 4
―Of the more than 90 million people who turned out to vote in 2010, nearly 63 percent voted at the
polls, 16 percent voted a domestic absentee ballot, and 8 percent voted early (prior to Election
Day).‖ This quote is one of the highlights offered in the U.S. Election Assistance Commission‘s
2010 Election Administration and Voting Survey Report. The report focuses on how Americans
cast their ballots in the 2010 general election, including data on early, absentee, and polling place
voting, provisional ballots, poll workers and voting technology.
NCSL: The Canvass
February 2012
From the Chair
Representative Sam Hunt is the chair of the Washington State Government and Tribal Affairs Committee. On Jan. 13, 2012,
NCSL asked him about the work that he and the state are doing on elections. This is an excerpt from the full interview.
―Last year we became the second all vote-by-mail state, after our neighbor, Oregon. Vote-by-mail has
been a huge success. We mail out ballots a long time before the election, and voters can fill theirs out
the day they receive it or they can wait until Election Day to do it. In 2010, when all counties used
mail ballots, voter turnout was 53 percent … For those who worry about ID at the polls, we have extremely good checks and balances. This year we have a couple of bills. One would allow 16- and 17year-olds to register; these records would be kept in a separate file from the voter registration rolls
until these young people turn 18. The other bill would permit same-day registration. Our neighbor,
Idaho, offers this.‖
From the Election Administrator’s Perspective
Brian D. Newby has served as the election commissioner for Johnson County, Kan., since 2005 and
has administered 40 elections during that time. On Jan. 19, 2012, NCSL asked him what the key
issues are for his office. This is an excerpt from the full interview.
―For me, photo ID isn‘t even in the top 10 issues for 2012. Photo ID is more about creating procedures and making sure that there are no exceptions. We also are working to make sure that voters
know what is required. Our approach to voter education is to target influential people who have a
lot of contacts. These are candidates, political parties, and people who work on campaigns, or people who, if you get the right information to them, can get it to 10,000 people. We‘ll be requiring
voter ID in small elections in February where we hope to find out things that we didn‘t know we
needed to think about for implementation.‖
Worth Noting
The General Accounting Office has released Views on
Implementing Federal Elections on a Weekend. Two
key points: interviewees expect the cost of security to
increase if elections are held on a weekend but that
turnout, while hard to predict, will not increase.
End-of-year roundups: Electionline Weekly published
its annual list of what‘s in and what‘s out in election
administration. NCSL‘s December 19, 2011 LAB provided a legislative perspective on elections news from
2011.
A report, From Citizenship to Voting, has been rePage 5
leased by Demos. It shows that naturalized citizens vote
significantly less often than do native-born citizens, and
registration seems to be the hitch. Some naturalization
ceremonies offer voter registration on the spot.
Oklahoma is giving its new voting equipment its inaugural run on February 14. The new optical scan equipment
replaces 20-year-old machines. Unlike most states, Oklahoma counties all use the same technology.
Taxes on beer go up the year after an election; executions
increase in the years of gubernatorial elections; and pay
for experienced teachers is higher in districts that use off-
Issue
NCSL:27
The Canvass
Worth Noting
February 2012
cont‘d from p. 5
(
year elections for school boards. So say Stephen
Dubner and Steven Levitt of Freakonomics Radio.
No causality is claimed.
requirements in several ways. One of those is to run a
speakers bureau to take requests from all interested
groups.
iPads aren‘t just for playing Angry Birds; Oregon
Speaking of Wisconsin‘s GAB, it has set up a webcam
election officials brought iPads to health care facilities to assist disabled voters. We can expect to see
more consumer technology making its way into the
elections world in 2012.
for people to watch the process of counting 309,000
pages of signatures on recall petitions.
This ―Data Dispatch‖ from the Pew Center on the
States says that, according to the U.S. Government
Accountability Office, moving to all-mail elections
nationwide would not have a significant impact on
the financial well-being of the U.S. Postal Service.
Election geek Doug Chapin commented on the report, saying ―someone needs to examine whether
the nation's election administrators can survive
without the USPS, not the other way around.‖
The Wisconsin Government Accountability Board
Have you ever wondered how North Dakota manages
elections without any registration system? The Secretary
of State‘s voter information proudly describes how
things work in the only state without registration.
The Overseas Vote Foundation, which has long sought
to make it easier for overseas voters to get and cast their
ballots, has launched the brand new U.S. Vote Foundation. Here‘s what OVF had to say: ―We believe it‘s time
to provide U.S.-based voters with the same breadth and
quality of online voter services that we have been providing to overseas and military voters for more than five
years.‖
is trying to get the word out about its new voter ID
From NCSL’s Elections Team
We want to invite you all to NCSL‘s webinar, ―Putting Election Laws and Technology to the
Test,‖ February 13, 2 p.m. eastern time. It is part of a ―Top 12 in 2012‖ series; register and see
the full program here. This one will look at voter ID, voter registration and related topics that
are sure to be hot in 2012.
As always, please stay in touch. If you‘ve got an opinion about the newsletter, an example of
newsworthy elections policy or a suggestion for future stories, please give us a call at
303-364-7700 or send us an email. Thank you.
Jennie Bowser and Wendy Underhill
The Canvass An Elections Newsletter for Legislatures © 2011
Published by the National Conference of State Legislatures
William T. Pound, Executive Director
To subscribe, contact [email protected]
In conjunction with NCSL, funding support for The Canvass is provided by the Pew Center on the States‘ Election Initiatives project.
The Canvass seeks to inform legislators and staff by sharing research, analysis and legislative best practices. Any opinions, findings or
conclusions in this publication are those of NCSL and do not necessarily reflect the views of the Pew Center on the States. Links provided
do not indicate NCSL endorsement of these sites.
Page 6